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3 Supreme Court Cases Could Shake Up the Administrative State

Posted by freedomforall 8 months, 1 week ago to Government
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Interesting background information in this article about upcoming Supreme Court cases. Informative reading, imo.

Excerpt:
"The major theme of the coming Supreme Court term is administrative law. Once obscure, this body of statutes, rules, and cases governing the structure and conduct of the federal government’s administrative agencies gained public attention through recent eye-catching cases—like the ones that downed the student loan cancellation plan and set aside the clean power plan that would have shifted the nation’s power grid to all renewable energy sources.

Now, three cases on the fall docket could reshape the foundations of the administrative state and the power the unelected bureaucracy has over the American people and the economy: Loper Bright Enterprises v. Raimondo, Securities Exchange Commission v. Jarkesy, and Consumer Financial Protection Bureau v. Community Financial Services of America.

Agency discretion and independence are motifs in all three cases. Obvious as it may sound, agencies are meant to be agents. They do not carry out their own will; rather, they implement Congress’ commands and assist the president in his constitutional duty to faithfully execute Congress’ laws.

To be effective, an agent needs some flexibility to carry out the principal’s commands. But the greater the latitude, the greater the risk that the agent decides to follow his own agenda over the principal’s. The more that agencies reinterpret laws to make room for their own policy judgments, the more agencies appear to act like judges or legislators, though, under the Constitution, they are neither."
SOURCE URL: https://www.dailysignal.com/2023/08/28/3-supreme-court-cases-could-rein-federal-bureaucracy/


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  • Posted by VetteGuy 8 months ago
    The article discusses (in reference to the first case) "Chevron Deference" vs a "major questions" approach. I would like to see the court take an even more strictly constitutional approach. Anything congress did not specifically pass (with subsequent potus approval) should not be recognized as a federal law. No more abdicating legislative responsibility to unaccountable agencies.
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  • Posted by term2 8 months ago
    I give this country one more election to determine if it survives. Elect Biden and the country will be DONE in 4 years. If Biden withdraws from the race, the country has a chance if Newsom is NOT elected. I am going to vote for Trump, even though that might be a wasted vote if he Is jailed.
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    • Posted by $ rainman0720 8 months ago
      I'm also voting for Trump, but honestly, it's an exercise in futility. The Dems figured out how to steal a presidential election and get away with it; I have absolutely no reason to think they won't do that same thing again and again, ad nauseum, essentially rendering all future presidential elections moot. I hope to Hell I'm wrong, but I wouldn't bet my next Social Security check on it.
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    • Posted by $ Snezzy 8 months ago
      Boston Mayor James Michael Curley famously served as mayor while in prison. https://en.wikipedia.org/wiki/James_M...
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      • Posted by term2 8 months ago
        I think if Trump is jailed, there is going to be rioting in the streets like when USA was in Vietnam fighting
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        • Posted by VetteGuy 8 months ago
          I think this is a major reason the establishment are being so hard on the Jan 6 protesters. They want to make sure people are too scared to protest for any conservative issue.

          Looting and burning are perfectly acceptable - but only if you are "protesting" what they want you to protest.
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        • Posted by $ Snezzy 8 months ago
          Remember, Curley was immensely popular.

          You can taste Trump's popularity in two places--(1) the "average Joe" people who seem to know far more about why they like Trump than any intellectual would give them credit for, and (2) the intellectuals who exude the attitude, "YOU support Dump? What an iddiot. HaHaHa."

          When your opposition is reduced to argumentum ad hominem then you are winning.

          My friends who are conspiracy nutz think that the stuff that's happening is part of President Trump's plan. Shhh!

          Oh, one more thing--we now notice that the folks from "the Hood" who have friends in prison for marijuana are supporting Trump.
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  • Posted by $ blarman 8 months ago
    And you can bet that if all three cases go against the bureaucrats (fingers crossed) that once again we will see calls to pack the courts.

    For another great exposition on the rise of the administrative state, Senator Mike Lee gives a great history on a key Supreme Court decision under FDR which paved the way for our current problem: https://www.youtube.com/live/koXnLNfk...
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  • Posted by CrustyOldGeezer 8 months ago
    The STATE LEGISLATURES need to start passing laws that SPECIFICALLY STATE:

    ANY federal employment that ATTEMPTS to exert ANY EFFORT to enforce 'federal policy or agenda' that is NOT SPECIFICALLY LEGISLATED THROUGH BOTH HOUSES OF CONGRESS AND SIGNED INTO LAW by the federal government shall be subject to Criminal Prosecution for ABUSING THE RIGHTS OF THE STATES CITIZENS whether or not any actual harm has occurred.

    And set the MINIMUM punishment at 5 years MANDATORY without Parole and EXEMPT FROM PRESIDENTIAL PARDON!

    Then see how long it takes before the bedwetters in the feds start squealing.

    IF they have no CONSTITUTIONAL AUTHORITY within the States Borders, the feds are POWERLESS TO INTERCEDE.
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